§ 10.1-606.3. Requirement for development in dam break inundation zones.
A. For any development proposed within the boundaries of a dam breakinundation zone that has been mapped in accordance with § 10.1-606.2, thelocality shall, as part of a preliminary plan review pursuant to § 15.2-2260,or as part of a plan review pursuant to § 15.2-2259 if no preliminary reviewhas been conducted, (i) review the dam break inundation zone map on file withthe locality for the affected impounding structure, (ii) notify the damowner, and (iii) within 10 days forward a request to the Department ofConservation and Recreation to make a determination of the potential impactsof the proposed development on the spillway design flood standards requiredof the dam. The Department shall notify the dam owner and the locality of itsdetermination within 45 days of the receipt of the request. Upon receipt ofthe Department's determination, the locality shall complete the review inaccordance with § 15.2-2259 or 15.2-2260. If a locality has not received adetermination within 45 days of the Department's receipt of the request, theDepartment shall be deemed to have no comments, and the locality shallcomplete its review. Such inaction by the Department shall not affect theBoard's authority to regulate the impounding structure in accordance withthis article.
If the Department determines that the plan of development would change thespillway design flood standards of the impounding structure, the localityshall not permit development as defined in § 15.2-2201 or redevelopment inthe dam break inundation zone unless the developer or subdivider agrees toalter the plan of development so that it does not alter the spillway designflood standard required of the impounding structure or he contributes paymentto the necessary upgrades to the affected impounding structure pursuant to §15.2-2243.1.
The developer or subdivider shall provide the dam owner and all affectedlocalities with information necessary for the dam owner to update the dambreak inundation zone map to reflect any new development within the dam breakinundation zone following completion of the development.
The requirements of this subsection shall not apply to any developmentproposed downstream of a dam for which a dam break inundation zone map is noton file with the locality as of the time of the official submission of adevelopment plan to the locality.
B. The locality is authorized to map the dam break inundation zone inaccordance with criteria set out in the Virginia Impounding StructureRegulations (4VAC 50-20) and recover the costs of such mapping from the ownerof an impounding structure for which a dam break inundation zone map is noton file with the locality and a map has not been prepared by the impoundingstructure owner.
C. This section shall not be construed to supersede or conflict with theauthority granted to the Department of Mines, Minerals and Energy for theregulation of mineral extraction activities in the Commonwealth as set out inTitle 45.1. Nothing in this section shall be interpreted to permit theimpairment of a vested right in accordance with § 15.2-2307.
§ 10.1-606.3. Requirement for development in dam break inundation zones.
A. For any development proposed within the boundaries of a dam breakinundation zone that has been mapped in accordance with § 10.1-606.2, thelocality shall, as part of a preliminary plan review pursuant to § 15.2-2260,or as part of a plan review pursuant to § 15.2-2259 if no preliminary reviewhas been conducted, (i) review the dam break inundation zone map on file withthe locality for the affected impounding structure, (ii) notify the damowner, and (iii) within 10 days forward a request to the Department ofConservation and Recreation to make a determination of the potential impactsof the proposed development on the spillway design flood standards requiredof the dam. The Department shall notify the dam owner and the locality of itsdetermination within 45 days of the receipt of the request. Upon receipt ofthe Department's determination, the locality shall complete the review inaccordance with § 15.2-2259 or 15.2-2260. If a locality has not received adetermination within 45 days of the Department's receipt of the request, theDepartment shall be deemed to have no comments, and the locality shallcomplete its review. Such inaction by the Department shall not affect theBoard's authority to regulate the impounding structure in accordance withthis article.
If the Department determines that the plan of development would change thespillway design flood standards of the impounding structure, the localityshall not permit development as defined in § 15.2-2201 or redevelopment inthe dam break inundation zone unless the developer or subdivider agrees toalter the plan of development so that it does not alter the spillway designflood standard required of the impounding structure or he contributes paymentto the necessary upgrades to the affected impounding structure pursuant to §15.2-2243.1.
The developer or subdivider shall provide the dam owner and all affectedlocalities with information necessary for the dam owner to update the dambreak inundation zone map to reflect any new development within the dam breakinundation zone following completion of the development.
The requirements of this subsection shall not apply to any developmentproposed downstream of a dam for which a dam break inundation zone map is noton file with the locality as of the time of the official submission of adevelopment plan to the locality.
B. The locality is authorized to map the dam break inundation zone inaccordance with criteria set out in the Virginia Impounding StructureRegulations (4VAC 50-20) and recover the costs of such mapping from the ownerof an impounding structure for which a dam break inundation zone map is noton file with the locality and a map has not been prepared by the impoundingstructure owner.
C. This section shall not be construed to supersede or conflict with theauthority granted to the Department of Mines, Minerals and Energy for theregulation of mineral extraction activities in the Commonwealth as set out inTitle 45.1. Nothing in this section shall be interpreted to permit theimpairment of a vested right in accordance with § 15.2-2307.
§ 10.1-606.3. Requirement for development in dam break inundation zones.
A. For any development proposed within the boundaries of a dam breakinundation zone that has been mapped in accordance with § 10.1-606.2, thelocality shall, as part of a preliminary plan review pursuant to § 15.2-2260,or as part of a plan review pursuant to § 15.2-2259 if no preliminary reviewhas been conducted, (i) review the dam break inundation zone map on file withthe locality for the affected impounding structure, (ii) notify the damowner, and (iii) within 10 days forward a request to the Department ofConservation and Recreation to make a determination of the potential impactsof the proposed development on the spillway design flood standards requiredof the dam. The Department shall notify the dam owner and the locality of itsdetermination within 45 days of the receipt of the request. Upon receipt ofthe Department's determination, the locality shall complete the review inaccordance with § 15.2-2259 or 15.2-2260. If a locality has not received adetermination within 45 days of the Department's receipt of the request, theDepartment shall be deemed to have no comments, and the locality shallcomplete its review. Such inaction by the Department shall not affect theBoard's authority to regulate the impounding structure in accordance withthis article.
If the Department determines that the plan of development would change thespillway design flood standards of the impounding structure, the localityshall not permit development as defined in § 15.2-2201 or redevelopment inthe dam break inundation zone unless the developer or subdivider agrees toalter the plan of development so that it does not alter the spillway designflood standard required of the impounding structure or he contributes paymentto the necessary upgrades to the affected impounding structure pursuant to §15.2-2243.1.
The developer or subdivider shall provide the dam owner and all affectedlocalities with information necessary for the dam owner to update the dambreak inundation zone map to reflect any new development within the dam breakinundation zone following completion of the development.
The requirements of this subsection shall not apply to any developmentproposed downstream of a dam for which a dam break inundation zone map is noton file with the locality as of the time of the official submission of adevelopment plan to the locality.
B. The locality is authorized to map the dam break inundation zone inaccordance with criteria set out in the Virginia Impounding StructureRegulations (4VAC 50-20) and recover the costs of such mapping from the ownerof an impounding structure for which a dam break inundation zone map is noton file with the locality and a map has not been prepared by the impoundingstructure owner.
C. This section shall not be construed to supersede or conflict with theauthority granted to the Department of Mines, Minerals and Energy for theregulation of mineral extraction activities in the Commonwealth as set out inTitle 45.1. Nothing in this section shall be interpreted to permit theimpairment of a vested right in accordance with § 15.2-2307.
